S.I. No. 261/1954 - Housing (New Houses) Regulations, 1954.

S.I. No. 261 of 1954.

HOUSING (NEW HOUSES) REGULATIONS, 1954.

The Minister for Local Government in exercise of the powers vested in him by section 13 of the Housing (Amendment) Act, 1954 (No. 16 of 1954) hereby makes the following Regulations:—

1. These Regulations may be cited as the Housing (New Houses) Regulations, 1954.

2. In these Regulations—

" the Minister " means the Minister for Local Government ;

" the Act of 1932 " means the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932) ;

" the Act " means the Housing (Amendment) Act, 1954 (No. 16 of 1954) ;

" the prescribed plans " means the plans prescribed for the purposes of Rule 5 of the First Schedule of the Act of 1932 ;

" appointed officer " means an officer appointed by the Minister for the purposes of the Act of 1932.

3. These Regulations shall apply to houses in respect of which grants are sought under section 13 of the act.

4. (i) The conditions in respect of sites, aspect, planning, construction, sanitation and number per acre of houses set out in Schedule I to the Housing (New Houses) Regulations, 1948 ( S.I. No. 90 of 1948 ) as amended by the Housing (New Houses) Regulations, 1950 ( S.I. No. 267 of 1950 ) and the Housing (New Houses) (Amendment) Regulations, 1953 ( S.I. No. 420 of 1953 ), shall be the prescribed conditions under Rule 4 of the First Schedule to the Act of 1932 in relation to houses to which these Regulations apply.

(ii) Any of the said conditions may be dispensed with by the Minister in any particular case where he is satisfied that circumstances exist which render rigid adherence to the conditions undesirable.

(iii) In any case where the said conditions are not fully complied with the Minister may reduce the amount of the grant to such amount as he thinks fit.

5. The plans published by the Minister under the Housing (Building Facilities) Act, 1924 (No. 14 of 1924), and such other plans as may from time to time be published by the Minister and placed on sale, shall be prescribed plans under Rule 5 of the First Schedule to the Act of 1932 in relation to houses to which these Regulations apply.

6. The date on which the construction of the foundations (apart from any excavation, site works, cartage of materials or other preliminary work) is begun shall be deemed to be the date on which the erection of a house to which these Regulations apply is commenced.

7. Materials and appliances manufactured or produced in Ireland shall be used as far as possible in the erection of a house to which these Regulations apply.

8. A house to which these Regulations apply shall not be connected with a shop or business premises.

9. No grant shall be payable in respect of a house to which these Regulations apply and for which a certificate of approval or a certificate of satisfactory completion has been issued by the appointed officer unless the Minister is satisfied as to the accuracy of such certificate.

10. Any person aggrieved by the neglect or refusal of an appointed officer to give a certificate required by these Regulations may appeal to the Minister and on such appeal the Minister may, as he shall think proper, give or refuse such certificate and the decision of the Minister on such appeal shall be final.

11. The procedure set out in Schedule I to these Regulations shall be complied with by the person providing a house to which these Regulations apply.

12. The forms set out in Schedule II to these Regulations or forms to the like effect varied as circumstances may require, shall be prescribed forms and shall be used for the purposes to which they are respectively expressed to be applicable in relation to houses to which these Regulations apply.

13.—(1) A house to which these Regulations apply shall, when completed, be let but not for any term of years exceeding ten.

(2) No fine or other charge except the rent reserved in the letting and a deposit in respect thereof not exceeding three months rent shall be charged or made in respect of such letting.

(3) The person to whom the grant is made shall not reside in the house.

(4) The rent reserved in the letting shall not include any charge in respect of the use of furniture.

(5) The letting agreement shall provide that the tenant shall not sublet, subdivide, or part with or share possession of the house or any part thereof.

(6) The letting agreement shall not include any clause restricting the orderly use of the house as a dwellinghouse by the tenant and his household.

(7) The title deed of a house to which these Regulations apply shall, where the title to the premises is not registered under the Registration of Title Acts, 1891 and 1942, have endorsed thereon a note to the effect that an undertaking has been given in pursuance of section 13 of the act by the person providing the house that, subject to the provisions of these Regulations, he will not sell the house within a period of fifteen years from the date of the undertaking and that he will let the house during the said period subject to the provisions of these Regulations.

(8) Where, as respects a house to which these Regulations apply, the title to the premises is registered under the Registration of Title Acts, 1891 and 1942, an inhibition shall be entered on the folio relating to the premises to the effect that no disposition of the said premises shall be registered within a period of fifteen years from the date of the undertaking given in pursuance of section 13 of the act, without notice to the Minister.

14. A house to which these Regulations apply may, with the consent of the Minister be sold within a period of fifteen years from the date of the undertaking given in pursuance of section 13 of the act if the following conditions are fulfilled :

(a) the house shall not be sold while it is untenanted and shall be sold subject to the tenancy existing at the time of sale ;

(b) the house shall not be sold to the tenant thereof ;

(c) the purchaser shall give to the Minister an undertaking that, subject to the provisions of these Regulations, he will not sell the house within a period of fifteen years from the date of the first undertaking given in respect of the house in pursuance of section 13 of the act and that during such period he will let the house subject to the provisions of these Regulations and particulars of such undertaking shall be endorsed on the title deed of the house or where the title to the house is registered under the Registration of Title Acts, 1891 and 1942, an inhibition shall be entered on the folio relating to the house to the effect that no disposition of the premises shall be registered within the said period without notice to the Minister.

15.—(1) The Minister shall not pay a grant in respect of a house until the person to whom the grant is payable has given an undertaking that, subject to the provisions of these Regulations, the house will not be sold within the period specified in the said undertaking and that it will be let subject to the provisions of these Regulations and until he is satisfied that:—

(a) the house has been completed in a proper and workmanlike manner in accordance with the provisions of the Act and of these Regulations ;

(b) that the house has been let in accordance with the provisions of these Regulations and that the said undertaking has been and is being complied with.

(2) For the purpose of determining whether a grant may be paid the Minister may require satisfactory evidence that the provisions of section 13 of the act and these Regulations have been complied with and in particular may require the production of documents of title and letting agreements and the submission of statutory declarations under the Statutory Declarations Act, 1938 , and he may cause the house to be inspected by the appointed officer or any other duly authorised officer of the Minister.

SCHEDULE I.

PROCEDURE.

1. Plans shall be submitted to the appointed officer in whose area the site of the house is situate in the form required by any local Act or by the byelaws (if any) in force with regard to new streets and buildings, together with—

(a) a site plan and house plan or, where the plan is one of the prescribed plans, a reference to the number of the plan and a statement as to which of the arrangements or constructions shown on such plan is to be followed. Each house on the site plan shall be marked by a separate distinguishing number. The house plan shall contain a schedule setting out the floor area of each room and the total floor area of the house ;

(b) an undertaking in writing that the standard of construction will be in accordance with one of the specifications issued with the prescribed plans or equivalent thereto ;

(c) evidence in writing that, where necessary, the appropriate local authority has approved of the plans under building, byelaws and any other similar enactments and has given permission for the erection of the house under the Town and Regional Planning Acts, 1934 and 1939 ;

(d) an undertaking in writing that throughout the erection of the houses rates of wages will be paid and conditions of labour observed at least as advantageous to the persons employed in such erection as the appropriate rates of wages and conditions of labour generally recognised from time to time by trade unions in the area, during the period beginning with the preparation of the site and ending with the completion of the work ;

(e) where any form of construction is proposed other than brick, stone or concrete with roof covering by slates or tiles with an underlay of felt, a description of the method to be adopted and an undertaking that the construction will be carried out strictly in the form approved and will comply with one of the specifications issued with the prescribed plans in so far as it is applicable.

2. On receipt of such plans and other documents the appointed officer shall examine them and, if the plans and documents comply with the provisions of section 13 of the act and these Regulations, shall prepare a certificate of approval in Form M. One copy of the certificate, accompanied by the plans approved by the appointed officer, shall be issued to the applicant and one copy to the Minister.

3. Where it is proposed to erect 10 or more houses on one site the appointed officer shall not issue a certificate of approval until the Minister has approved of the site plans.

4. When a house has been completed and let in accordance with these Regulations, a person who proposes to apply to the Minister for a grant under section 13 of the act, shall first apply to the appointed officer for a certificate that it has been completed in a proper and workmanlike manner, and the appointed officer, if so satisfied after an inspection of the house, shall issue in Form N. a certificate of satisfactory completion. A separate certificate shall be issued in respect of each house erected.

5. Where a certificate in Form N. has been issued in respect of a house, an applicant for a grant shall forward such certificate to the Minister with a written application for the grant in Form R., together with the document of title, the letting agreement relating to the house and such other evidence as the Minister may require that the provisions of these Regulations have been complied with.

6. If the Minister is satisfied that the requirements of the Act and of these Regulations have been complied with in respect of a house, he may make a grant in respect of such house to the person entitled thereto and shall notify the appointed officer that such grant has been made.

7. In any case where the appointed officer is not a person employed in the Civil Service, he may require the applicant to pay to him as remuneration, inclusive of out-of-pocket expenses, for his services as appointed officer a fee not exceeding two guineas for each type of house for which separate plans are submitted, provided that where two or more houses are to be erected in accordance with the same plan a fee not exceeding one guinea per house may be charged. The fee shall be paid to the appointed officer when application is made for the certificate of approval in Form M.

SCHEDULE II.

FORMS.

Form M. Certificate of appointed officer approving of proposals.

Form N. Certificate of appointed officer of satisfactory completion.

Form R. Application to Minister for grant.

Form M.

HOUSING (AMENDMENT) ACT, 1954 .

HOUSING (NEW HOUSES) REGULATIONS, 1954.

GRANTS FOR THE PROVISION OF HOUSES FOR LETTING.

Certificate of approval to erection of a house On Site Number ............................................................ ............ at

............................................................ ............................................................ ............................................................ ........

Name of Applicant ............................................................ .........Serial No. M............................................................ 

Address         ...........................................................

         ............................................................ 

         ...........................................................

         ..........................................................

         ............................................................ 

Particulars of accommodation...........living rooms and...........bedrooms. Floor area of house......... sq. feet.

Date of commencement............................ Grant for house £.........................

The site of the house is situate within the........................of..................(Specify county, county borough or urban district).

This is to certify that I have approved in respect of the house described above, of the site and of the plans and methods of construction proposed which comply with the requirements of section 13 of the above Act and the above Regulations.

Subject to the conditions on the back of this certificate the person named above appears to me to be eligible for a grant.

Signed.............................................Appointed Officer.

Date..............................195.........

THIS CERTIFICATE MUST ACCOMPANY THE APPLICATION TO THE MINISTER FOR LOCAL GOVERNMENT FOR PAYMENT OF THE GRANT.

CONDITIONS

(a) The erection of the house to which this certificate relates must have been commenced on or after 1st April, 1954, and must be completed in accordance with the approved plans on or before 1st April, 1956 ;

(b) the house must be certified by an appointed officer to have been completed in a satisfactory manner ;

(c) notwithstanding this certificate by an appointed officer, payment of a grant will not be made until the Minister has satisfied himself as to the accuracy of the certificate ;

(d) a house to which this certificate relates shall not be a house in respect of which a grant is or was made under any Housing Act ;

(e) a house to which this certificate relates must comply with the rules set out in the First Schedule to the Housing (Financial and Miscellaneous Provisions) Act, 1932 , as amended by section 14 of the Housing (Amendment) Act, 1950 ;

(f) the house shall be open to inspection by any duly authorised officer of the Minister at any time before the grant is paid ;

(g) rates of wages and conditions of employment generally recognised by trade unions in the area must be paid and observed in the erection of the house ;

(h) materials and appliances manufactured or produced in Ireland must be used as far as possible in the erection of the house.

Special Notice to Applicant —

Document of Title and Letting Agreement must accompany this form.

Forms N and R.

HOUSING (AMENDMENT) ACT, 1954 .

HOUSING (NEW HOUSES) REGULATIONS, 1954.

APPLICATION FOR PAYMENT OF GRANT FOR HOUSE PROVIDED FOR LETTING ON SITE NO................... AT............................................................ ............................................................ ..........

Form R. To the Minister for Local Government :

I hereby apply for payment of the grant in respect of the provision for letting of the house referred to above.

I DECLARE that —

(i) the house has been let in accordance with the provisions of the Housing (New Houses) Regulations, 1954 ;

(ii) the house was occupied for the first time on............................195...

(iii) a grant has never previously been applied for or obtained under any enactment in respect of the house.

I HEREBY UNDERTAKE that, save in accordance with the provisions of the said Regulations, I will not sell the house within a period of fifteen years from the date of this undertaking and that I will let the house during the said period subject to the conditions specified in the said Regulations. As evidence of my compliance with the provisions of the said Regulations document of title to the property and the letting agreement.

I agree to supply any further evidence of compliance required by the Minister.

Signature.......................................

Address in....................................

* Delete whichever does not apply.              block letters.................................

FOR USE IN DEPARTMENT ONLY.

The requirements of section 13 of the above Act and the above Regulations have been fully complied with as regards the house referred to in the above certificate and the grant amounting to a sum of...........................Pounds £..................is properly payable in respect thereof.

Rannóg na dTithe

.............................195......

GIVEN under the Official Seal of the Minister for Local Government this fifteenth day of November, One Thousand Nine Hundred and Fifty-four.

PATRICK O'DONNELL.

Minister for Local Government.

The Minister for Finance hereby consents to the foregoing Regulations.

Dated this 25th day of November, 1954.

GERARD SWEETMAN.

Minister for Finance